Asounia Sarkar v. Aquil Ahmed Khan

18.11.2020 Ct.19 RP CO 1270 OF 2020 SMT. ASOUNIA SARKAR & ORS.

Vs.

AQUIL AHMED KHAN Mr. Arnab Roy, adv.

.... For petitioners Mr. Akbar Ali, adv.

.... For opposite party Mr. Roy, learned advocate appears on behalf of petitioners. He submits, impugned are orders made by Court of 1st Civil Judge, Junior Division at Alipur regarding hearing of pending injunction petition in Title Suit no.897 of 2019 (Smt. Asounia Sarkar & Ors. vs. Aquil Ahmed Khan). He submits, injunction petition was filed by his clients, being plaintiffs. Several orders impugned would show on their face, the procedure adopted by the Court, which speaks of material irregularity inasmuch as lastly on 13th March, 2020, the Court fixed 23rd March, 2020 for passing order in respect of the injunction petition, but has not done so till date. Mr. Ali, learned advocate appears on behalf of opposite party and submits, there were several resolutions taken by the Bar, which affected functioning of the Court and the pandemic.

It appears, by reason of several resolutions and pandemic having happened in the meantime, the Court could have applied its mind in writing out the judgment. This petition is disposed of with direction upon the Court to expeditiously deliver judgment on the injunction petition, hearing of which was concluded on 13th March, 2020. Parties have not made any submission on necessity further hearing regarding the supplementary affidavit filed on that date, after conclusion of hearing. The Court will also

consider the supplementary affidavit and give its reasons, if reliance is placed on it in the judgment to be delivered. It is expected that the judgment will be made known to the parties by 30th November, 2020.

The petition is disposed of.

(ARINDAM SINHA, J.)